CLA-2-19:R:N2:228 815053
Mr. Peter Enke
Oetker Ltd.
2229 Drew Road
Mississauga, Ontario L5S 1E5 Canada
RE: The tariff classification of a cake mix kit from Canada
Dear Mr. Enke:
In your letter dated September 13, 1995 you requested a
tariff classification ruling.
An ingredients breakdown and sample of the container in
which the product will be sold, accompanied your letter. Oetker
Fruit Flan Cake Mix consists of separate packets of crust mix,
filling mix, and glaze mix, packed together in a printed
cardboard box, for retail sale. The crust mix is composed of 68
percent wheat flour, 30 percent sugar, 2 percent baking powder,
and less than one percent salt. The filling mix contains 33
percent dextrose, 22 percent fructose, 15 percent modified potato
starch, 12 percent modified corn and tapioca starch, 10 percent
sugar, 3 percent tetrasodium pyrophosphate, one percent dried
cream extract, one percent calcium alginate, one percent, mono
and diglycerides, and less than one percent each of disodium
phosphate, salt, flavor, and color. The glaze mix is made from
59 percent tapioca starch, 16 percent dextrose, 15 percent
carrageenan, 6 percent cream of tartar, and 4 percent locust bean
gum. The crust mix requires the addition of butter and eggs
prior to baking. The filling must be mixed with milk, and the
glaze requires sugar and water or fruit juice.
The applicable subheading for the flan cake mix kit, if
imported in quantities that fall within the limits described in
additional U.S. note 3 to chapter 19, will be 1901.20.6500,
Harmonized Tariff Schedule of the United States (HTS), which
provides for food preparations of flour, meal, starch or malt
extract..., mixes and doughs for the preparation of bakers' wares
of heading 1905...other...mixes and doughs described in
additional U.S. note 1 to chapter 19...described in additional
U.S. note 3 to this chapter and entered pursuant to its
provisions. The rate of duty will be 10 percent ad valorem. If
the quantitative limits of additional U.S. note 3 to chapter 19
have been reached, the product will be classified in subheading
1901.20.7000, HTS, and dutiable at the rate of 48.6 cents per
kilogram plus 9.8 percent ad valorem.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Stanley
Hopard at 212-466-5760.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division